Kuo, Ming-Sung. (2009) Between fragmentation and unity : the uneasy relationship between global administrative law and global constitutionalism. San Diego International Law Journal, Vol.10 . pp. 439-467. ISSN 1539-7904

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Abstract

Administrative law and constitutional law, which together constitute
what we call "public law," are closely related in many ways. For one
thing, constitutional law refers to the body of the law that sets out the
powers of public authorities by establishing the political system and
stipulates the relationship between individuals and public authorities,
while administrative law concerns "the ways in which the exercise of
public power may be held to constitutional account." Thus, "it [is]
difficult to distinguish the values and principles of constitutional and
administrative law." However, this does not mean that administrative
law is simply a synonym for constitutional law. Rather, constitutional
law constitutes the "background theory" under which administrative law
functions, and not the other way around. This is the reason why leading
administrative law casebooks begin with the issues centering on how
administrative law, or rather the administrative state, should be viewed
through a constitutional lens. Put differently, constitutional law, as the
reference point of the legal system, stands apart from administrative
laws, setting the perimeters of values and principles for the latter to implement in the context of public administration. Taken together,
constitutional law and administrative law are closely linked but stand as
distinct sets of legal values in our traditional legal thinking.

Item Type:	Journal Article
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Social Sciences > School of Law
Library of Congress Subject Headings (LCSH):	Constitutional law, Administrative law, International law
Journal or Publication Title:	San Diego International Law Journal
Publisher:	University of San Diego, School of Law
ISSN:	1539-7904
Official Date:	2009
Dates:	Date Event 2009 Published
Volume:	Vol.10
Page Range:	pp. 439-467
Status:	Peer Reviewed
Access rights to Published version:	Restricted or Subscription Access
Related URLs:	Other Repository
URI:	http://wrap.warwick.ac.uk/id/eprint/34885

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